LGBT rights in Nepal

Lesbian, gay, bisexual, and transgender (LGBT) rights in Nepal have evolved significantly during the 21st century, though barriers to full equality still exist within the nation. In 2007, Nepal repealed the laws against gay sex and introduced several laws which explicitly protected "gender and sexual minorities". The Nepalese Constitution now recognizes LGBT rights as fundamental rights. On 28 June 2023, a single judge bench of Justice Til Prasad Shrestha issued a historic interim order directing the government to make necessary arrangements to "temporarily register" the marriages of "non-traditional couples and sexual minorities". The full bench of the Supreme Court has yet to deliver a final verdict. The first same-sex marriage of a trans woman and a cisgender gay man occurred in November 2023. Nepal will be the first least developed country and the first in South Asia to legalize same-sex marriage, and the second in Asia after Taiwan.

LGBT rights in Nepal
StatusLegal since 2007
Gender identityThird gender recognised
MilitaryLGBT people allowed to serve openly
Discrimination protectionsDiscrimination constitutionally prohibited
Family rights
Recognition of relationshipsSame-sex marriage partially recognised
AdoptionNo

Prior to March 2023, and based on a ruling of the Supreme Court of Nepal in late 2007, the government was considering the legalization of same-sex marriage. According to several sources, the Constitution of 2015 was expected to include it. Although the Constitution explicitly says that "marginalized" communities are to be granted equal rights under the law, and that Nepal's LGBT people fall into this category, it does not explicitly address the legalization of same-sex marriage.

The Nepalese Constitution, approved by the Constituent Assembly on 16 September 2015, includes several provisions pertaining to the rights of LGBT people. These are the right to acquire a citizenship certificate in accordance to one's gender identity, a prohibition on discrimination on any ground including sex by the State and by private parties, eligibility for special protections that may be provided by law, and the right of access to public services for gender and sexual minorities.

Despite some laws and provisions protecting third gender people, LGBT people still face societal discrimination in Nepal and there is significant pressure to conform and to marry a partner of the opposite sex. Some Nepali observers accused the media of pinkwashing and spreading disinformation about same-sex marriage and LGBT rights in Nepal.

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